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Resolution 2004-257 RESOLUTION NO. 2004-257 A RESOLUTION RELATING TO THE COUNTY'S PLANS TO CONSTRUCT THE GOLDEN GATE OVERPASS; STATING THE INTENTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO RESPOND IN KIND TO THE NAPLES CITY COUNCIL INITIATION OF THE CONFLICT RESOLUTION PROCEDURES OF THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT, CHAPTER 164, FLORIDA ST A TUTES; SPECIFYING THE ISSUES OF CONFLICT; AUTHORIZING AND DIRECTING THE COUNTY MANAGER WITHIN FIVE DAYS TO SEND A LETTER IN ACCORDAKCE WITH SECTION 164.1051, AND CERTIFIED COPY OF THIS RESOLUTION TO THE NAPLES CITY MANAGER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County intends to construct an overpass on Golden Gate Parkway over Airport-Pulling Road, a small portion of which lies within the City limits of the City of Naples however wholly within County owned right-of-way, and WHEREAS, the failure to construct the overpass is deemcd by the Board of County Commissioners to be inimical to the health, safety and welfare ofthe residents, visitors, workers, and travelers in Collier County; and WHEREAS, the regulation of County Roads has been preempted by the Florida Legislature to the Board of County Commissioners; and WHEREAS, Golden Gate Parkway is a County Road. NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF Section 1. COUNTY COMMISSIONERS: Section 2. Section 3. Section 4. The Board of County Commissioners hereby states its intention to invoke the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, with the City of Naples, concerning the City's indication of its intent to engage in litigation to halt or impede Collier County's plans and intention to construct an overpass on Golden Gate Parkway over Airport- Pulling Road. The procedures are intended to be invoked prior to the filing of court proeeedings. The issues of thc contlict include the necessity for the County to construct an overpass; whether there is prcemption by the Legislature to the County for thc planning of County roads; whether the City will concede that the County is vested in the Golden Gate Overpass; whether there is lack of any further need for the County to consider either other alternatives or the feasibility of other alternatives; whether thcrc cxists any lawful authority by the City to halt or delay the construction of the Golden Gatc Overpass. The justification for instituting the conflict resolution process is that the County believes the City may not have considered all alternatives to litigation of this contlict or the ramifications and cost of such litigation. The proposed date and location for the asscssment meeting is Octobcr 5, 2004, at 1 :30 p.m., in Courtroom 3 C, at the Collier County Courthouse, located on 3301 Tamiami Trail East, Naples, Florida 34102. - 1 - Section 5. Section 6. Section 7. Collier County also wishes to have a facilitator present to frame the issues and shall suggest a neutral party, with the costs shared equally by both parties. The County Manager is authorized and directed to send a letter by certified mail, return receipt requested, along with a certitied copy of this resolution to the City Manager within 5 days of adoption of this rcsolution, conforming with the requirements of stating the cont1ict, Southwest Florida Regional Planning Council; the Metropolitan Planning Organization, and other governmental entities in conflict not yet identified, the justification for initiating the contlict resolution process in response to the City of N aplcs' actions, the proposcd date and location for the conflict assessment meeting (see Section 4), and suggestions as to all officials, who should be present. The County is also authorized and directed to mail a copy ofthis resolution to the state of Florida Department of Transportation, the State of Florida Department of Community Atfairs, the Regional Planning Council and the Metropolitan Planning Organization. This resolution shall take effect immediately upon adoption. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: This Resolution adopted this 11 th day of September 2004 after motion, second and ATTEST: DWIGHT E. B~9~'(~}erk .- .:[;:\' ;::..... -:/ (.' / il f\~ ~;'~"; '~J (~ ~~~;a.a,k . .~_' ~l ~t~.wt:- ~ ........ .r. .. .. l'4III1~3'''' &:J lH\O';~.~. Approved as to form an'd legal sufficiency: majority vote favoring it. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~Jd Item # Agenda' n Dale .., - / '-04 ~:~d Q'/3'OLf ~ - 2 -